I'm sorry, I misunderstood. I thought the question was about a film that had already been uploaded by someone else.
Aug 7, 2013 1:30am
Re: Menschen am Sonntag / people on sunday
No, you got it right. The film is already here
The problem is that the uploader, Hg80
, didn't know what its copyright status was. He asked about it, only waited two days for an answer, and then proceeded to upload it without any confirmation of it being public domain.
This user asked for the status of a bunch of foreign films and did not upload those for which he got a quick response stating the film was not public domain. However, he had an itch to upload something and did upload films when no response came within a couple of days.
As a result, the mere presence of this film on the archive can't be interpreted as proof it can safely used in other works.Has anyone seen K-Otic lately? He might know more about German copyright law than the rest of us.
At least he would understand German, which would give him a head start.
On the face of it, copyrights last for life of author + 70 years throughout the European Union, and the film can't be public domain.
On the other hand, it might be an orphan work if the film copyrights were held by a company that subsequently went out of business, instead of being held by the individual authors. Now, the question would be how German copyright law deals with orphan works, and whether the rights somehow revert to the individual authors (or even the government).
An additional issue is that Markus seems to be based in the Netherlands based on his mention of the Amsterdam film museum, which means Dutch copyright law comes into play as well.
Anyway, that's enough rambling for now. This might be one case where a copyright lawyer's fees would be money well spent.